Dense Medium Separation Powders Pty Limited (trading as DMS Powders) v Gondwana Chemicals Pty Limited & Anor [2011] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: Dense Medium Separation Powders Pty Limited (trading as DMS Powders) v Gondwana Chemicals Pty Limited & Anor [2011] NSWSC 76 Hearing dates: 16 February 2011 Decision date: 17 February 2011 Before: Einstein J Decision: The Courts orders are as follows : (1) The plaintiffs amended notice of motion dated 16 February 2011 is dismissed with costs of that notice of motion to be paid by the plaintiff; (2) The second defendant's application for further security for costs is granted and the plaintiff is to pay the additional sum of $50,000 to the defendant's solicitors on or before 25 March 2011. Costs of the second defendant's application for further security to be paid by the plaintiff. Catchwords: Leave to file a further amended commercial list statement; Security for costs Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Cement Australia Pty Ltd v ACCC [2010] FCAFC 101 Dye v Commonwealth Securities Ltd [2010] FCAFC 118 Category: Procedural and other rulings Parties: Dense Medium Separation Powders Pty Limited (trading as DMS Powders) (Plaintiff) Gondwana Chemicals Pty Limited (First Defendant) David Maxwell Willetts (Second Defendant) Representation: Counsel: Mr J Simpkins SC, Ms V McWilliam (Plaintiff) Mr A Cheshire (Second Defendant) Solicitors: PricewaterhouseCoopers (Plaintiff) Colin Biggers & Paisley (Second Defendant) File Number(s): 2010/0059719